TN NAFTA Workers

Overview

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. Select NAFTA to visit the Office of the United States Trade Representative website and learn more.

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals. Select TN NAFTA Professionals on the USCIS website to learn more about TN nonimmigrant status.

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;

Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request.

When is a NAFTA Professional (TN) visa required for a Canadian citizen? A Canadian without TN nonimmigrant status, who resides in a third country with a non-Canadian spouse and/or child(ren), and who plans to enter the United States as a NAFTA professional at the same time as the family member(s), will need a TN visa in order for the family members to be eligible to apply for derivative TD nonimmigrant visa(s).

Requirements for Mexican Citizens

Mexican citizens require TN visas to request admission to the United States in this status.

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

Complete the Online Visa Application

Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview

Photo –You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements. (A photo is not required if you are applying in Mexico.)

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.

You must schedule an appointment for your visa interview, generally, at the U.S. embassy or consulate in the country where you live. You may schedule your interview at any U.S. embassy or consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.

If you are age:

Than an interview is:

13 an younger

Generally not required

14-79

Required (some exceptions for renewals)

80 and older

Generally not required

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait timefor the location where you will apply.

Prepare for Your Interview

Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. For current fees for Department of State government services select Fees. When your visa is approved, you may also pay a visa issuance reciprocity fee, if applicable to your nationality. Please review the Visa Reciprocity Tables to find out if you must pay a visa issuance fee.

Review the instructions available on the website of the embassy or consulatewhere you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.

Application fee payment receipt, if you are required to pay before your interview

Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. (A photo is not required if you are applying in Mexico.)

A contract or letter of employment in the United States - To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the professional occupations listed in Appendix 1306.d.1 of NAFTA Chapter 16. The letter should also include:

Your purpose of entry;

A detailed description of your anticipated business activities or job responsibilities;

Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and

Arrangements for your pay.

Documentation proving that you meet the minimum education and/or work experience requirements set forth in Appendix 1603.d.1 of NAFTA chapter 16 – Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of your intent to depart the United States after employment as a NAFTA professional. Evidence of your family ties may be sufficient to show your intent to return to your home country.

Is Licensure Required?

Requirements for NAFTA professional do not include licensure. Licensure to practice a given profession in the U.S. is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier.

Additional Information

We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.

Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Spouse and Children

Your spouse and unmarried, minor children may apply for TD visas to accompany you to the United States or join you later. You must be able to show your ability to financially support your family in the United States.

Review TN NAFTA Professionals information on the USCIS website for information about employment and studying while in the United States in TD nonimmigrant status.

Canadian citizen spouses and children do not need visas, but should review the CBP website for the port of entry requirements.

Spouse and children who are not Canadian citizens must apply for TD nonimmigrant visas.

Mexican citizen spouse and children must apply for TD nonimmigrant visas.

Spouse or children seeking to join a TN NAFTA Professional in the United States must show a valid Form I-94 from the principal TN visa holder to show that the principal TN visa holder is maintaining TN visa status. If the principal visa applicant entered the U.S. after the automation of Form I-94, and his/her Arrival/Departure Record was created electronically, a photocopy of his/her admission stamp can be provided to the family member applying separately. Alternatively, the principal applicant may obtain a paper Form I-94 atwww.cbp.gov/I94 and provide it to the family member applying separately.

I was refused a visa, under section 214(b). May I reapply?

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Review Ineligibilities and Waivers: Laws.

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit.

Notice:New Electronic I-94 Process - A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website.

If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website.

How can I find out how long I am authorized to stay in the U.S.?

A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. If you are allowed to enter the U.S., the CBP official will determine the length of your visit.

Notice: New Electronic I-94 Process- A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website.

On the admission stamp or paper Form I-94, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. Review information about Admission on the CBP Website. Also, see Duration of Stay.

I did not turn in my I-94 when I left the United States, what should I do?

If you failed to turn in your paper Form I-94 Arrival/Departure Record, seeDepartment of Homeland Security, Customs and Border Protection website for more information. If you did not receive a paper Form I-94 and your record was created electronically, CBP will record your departure using manifest information obtained from the air or sea carrier.

How Do I Change My Status?

Some nonimmigrant visa holders, while present in the U.S., are able to file a request which must be approved by USCIS to change to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website.

Important Note: Filing a request with USCIS for approval of change of status before your authorized stay expires, while you remain in the U.S., does not by itself require the visa holder to apply for a new visa. However, if you cannot remain in the U.S. while USCIS processes your change of status request, you will need to apply for a nonimmigrant visa at a U.S. Embassy or Consulate abroad.